Oregon Review of International Law : Volume 22 (2021)
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Item Open Access Termination: A Solution to Canadian Entitlement Valuation Disputes(University of Oregon School of Law, 2021-05-14) Reimer, JakeThe Columbia River Treaty (CRT) is an international treaty between Canada and the United States created to control and harness the Columbia River. The CRT was prompted by a 1948 flood that destroyed the city of Vanport, Oregon. The water management community regards the CRT as a premier transboundary water management treaty; however, a key flood control provision in the CRT will expire in 2024 unless the two countries negotiate a new provision. How Canada and the United States negotiate this provision will shape the economic and environmental landscape of the Columbia River Basin for decades to come. This Comment assesses the CRT as currently written and determines how the United States should approach modifying the treaty.Item Open Access “After You”: A Comparison of International Approaches to Employing and Accommodating the Differently Abled(University of Oregon School of Law, 2021-05-14) O’Connell, BryanThe disabled have consistently numbered among the most impoverished, underemployed, and unemployed demographics worldwide, particularly in countries using quota systems and anti discrimination legislation alone. In the 1990s and 2000s, several law review articles focused on the prospect of an alternative “hybrid” approach to disability discrimination. In 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities (CRPD) that also encouraged the use of both quota systems and anti discrimination legislation. Since then, more countries have initiated a hybrid approach. Over thirty years after the United States enacted the ADA, and fifteen years after the U.N. introduced the CRPD, it appears that a hybrid system may indeed be both the most successful approach to improving employment outcomes for the disabled, and the new norm.Item Open Access The Gender Pay Gap: Seeking Fairness for Women in Professional Sports(University of Oregon School of Law, 2021-05-14) Gersch, Taylor KennedyProfessional female athletes are constantly being asked to do more with less. They are asked to perform better and attract more viewers, often with less pay, less media coverage, and fewer sponsorships. Professional female athletes should be able to use the Equal Pay Act (EPA) to close the gender pay gap. However, not all professional athletes can use the EPA as a legal tool. In order to close the gender pay gap, the U.S. must alter its sports ecosystem to give professional female sports an equal part in broadcasting and sponsorships. This Article aims to address these issues and present solutions to close the gender pay gap in professional sports.Item Open Access International Law and Efforts to Mitigate Freshwater Scarcity(University of Oregon School of Law, 2021-05-14) Qureshi, Waseem AhmadWater scarcity—shortage in the availability of water—is an impending global crisis. Climate change continues to reduce precipitation rates, which leads to a lower amount of water in rivers. An increase in global population further aggravates the crisis by reducing the overall per capita availability of water and putting increased pressure on available freshwater resources. In particular, groundwater tables are decreasing in many regions of the world, especially in Pakistan, India, and California. In addition, factories are dumping untreated industrial waste directly into fresh watercourses, which further reduces the availability of clean drinking water. This situation calls for the international community to take strong measures to ensure sustainable drinking water for everyone. This Article will include an overview of the existing situation regarding freshwater scarcity around the world. Furthermore, this Article will provide an overview of the recommended steps to mitigate water scarcity–related threats. Lastly, this Article will discuss the suggestions provided by international conventions to mitigate the problem of water scarcity.Item Open Access Poverty, Promises, and Political Accountability: How a Lack of Accountability Caused New Zealand’s Child Poverty Reduction Act to Fail(University of Oregon School of Law, 2021-05-14) Zamprogno, JasmineIn 2018, New Zealand introduced the Child Poverty Reduction Act 2018 (the Act), which was heralded at its inception as a definitive step in the right direction toward easing child poverty. However, the once-praised Act has failed thus far, as the number of children in poverty has increased since the introduction of the Act. This is thought to be because the Act is ineffective, as it lacks proper accountability mechanisms. Although legislators swore it imposed political accountability, the Act was entirely silent on any consequences that would be levied in the event the government failed to reduce child poverty numbers as promised. New Zealand has, therefore, made itself a case study for analyzing whether effective and tangible political accountability is the determinative factor of success in any domestic government program to ease poverty.Item Open Access When Foreign Investors Sue Host States for Fighting Crime: Investor-State Dispute Settlement and Global Governance(University of Oregon School of Law, 2021-05-14) Galagan, DmytroThis Article concentrates on the role of investor-state dispute settlement as a system of global governance with particular emphasis on the impact of investment arbitration on the enforcement of criminal law by sovereign states.Item Open Access Eat Every Carrot and Pea on Your Plate: Climate Change and Fining Food Waste(University of Oregon School of Law, 2021-05-14) Wachtel, Jenn F.Although experts have suggested that individuals adopt a variety of methods to reduce greenhouse gases, like decreasing air travel or becoming a vegetarian or vegan, these suggestions frequently seem unreachable or unrealistic because of the drastic lifestyle changes required; however, there is an easier, simpler solution. Each household can reduce the greenhouse gases it produces by reducing the amount of food it places in the trash, since food waste is a significant contributor to greenhouse gases. This Article argues that these issues—food waste in the United States, greenhouse gases, and climate change—could be mitigated by implementing the Republic of Korea’s food waste reduction model.Item Open Access Even in a Pandemic, Sunlight Is the Best Disinfectant: COVID-19 and Global Freedom of Expression(University of Oregon School of Law, 2021-05-14) Karanicolas, MichaelThis Article discusses the global human rights implications of aggressive measures targeting the spread of COVID-19-related misinformation.